Common Law

Introduction

Throughout history the concept of "law" has been fluid and ever-changing (Siegel,, Schmalleger,, & Worrall., 2011, ). Over the years the courts have been responsible for upholding social justice. The courts determine what behaviors are socially acceptable. They are also responsible for handling the punishment of the individuals who seem to think that the law does not apply to them.

Description of the Courts

According to "Dictionary.com" (2013), court is defined as i) a place where justice is administered; ii) a judicial tribunal duly constituted for the hearing and determination of case; and iii) a session of judicial assembly. The courts have two main jobs in the criminal justice system, to decide the facts of a case when there is a legal dispute between parties and to help decide what law will apply to the evidence given. The court has three main functions, upholding the law, protecting the individuals and resolving disputes (Siegel,, Schmalleger,, & Worrall., 2011, ).

Dual Court System

In the United States, there is a dual court system, which is the separation of the state and federal court system. Under this dual court system, the federal government is allowed very limited access in state's court matters. And likewise, a state is not allowed to get involved in the federal court system unless there is a found conflict between the state and federal courts. Federal courts will hear cases on a criminal and civil level that more or less involve the federal law unlike the state courts who will hear cases that are in regards to the certain states laws.

Development of Courts

Legal codes can date back as far as the Babylonian era. More particular the Code of Hammurabi, developed from the king, Hammurabi as an "eye for an eye" thinking. This code had a more retributive feel on justice. Another code formed early one was the Twelve Tables. These laws were formed by the Romans in early B.C. In these early codes the law generally mean to the rules or guidelines put in place the authority, mostly political at the time. Legal codes have evolved over the years. In the Middle Ages, after the Norman conquest of 1066 , the medieval kings started to combine power and come up with new forms of justice. During this time a new form of legal action was established. This system was called writs, or orders which helped solve a specific problem. Thus common law emerged during this time period, based on the cases and precedent of such case. Precedents are judgments that have been made in cases similar to the one at hand. Precedents are maintained over time by court records and in collections called reports. The certain precedent that is applied is also determined by the judge who has been selected to preside over the case. This also allows for